Sema, J. - (1.) These two appeal arise out of a common judgment and order of the High Court dated 29.11.1994 passed in Criminal Appeal No. 626 of 1994 and R.T.No. 2 of 1994 and are being disposed of by this common judgment. Criminal Appeal No. 270 s preferred by the defac complainant (PW-1), the brother of the deceased. Criminal Appeal No. 271 is preferred by the State of Kerala.
(2.) The facts of this case as unfolded by the prosecution are brief but horrendous, which shock human conscience. The marriage of the deceased - Sujatha with accused Babu was solemnised on 2.2.1993. Thereafter, the couple stayed gether in the parental house of the bridegroom. The deceased seems have elicited information from PW-3 Lekha, wife of the younger brother of the accused, that the accused had a pre-martial affair with one Omana @ Vavachi (PW-2). The deceased could not lerate the information so elicited about the extra marital connection of her husband with Omana. She became repulsive and adopted an unresponsive attitude wards the overture approach made by the accused and she succeeded by keeping him at bay on the bridal night. It appears that the deceased had adopted the same stiff attitude wards the accused on the second night also i.e. 3.2.1993, which had enraged the accused. On being unable sustain the lust for sex, persistently prevented by the deceased, the accused decided end the life of the deceased, strangulated her and killed her. Thereafter, the body of the deceased was lifted and taken an unused well, situated about 17 metres away from the house of the accused and dumped. It is also alleged that at about 2.30 a.m., the accused had woken up the inmates of the house and disclosed them that his wife was missing and in a hectic search that followed, the body of the deceased was spotted inside the well and was brought out from the well. First Information Report was lodged by PW-1, the brother of the deceased and it was registered as a case of unnatural death. After the receipt of result of the aupsy, it was confirmed that Sujatha died due strangulation. The FIR was, accordingly, converted in a case of murder.
(3.) In this case the prosecution has examined as many as 15 witnesses. None of the DWs were examined on behalf of the accused. PW-2 Omana is a lady who was alleged have had extra marital relation with the accused was declared hostile. PW-3, Lekha is the wife of the accuseds elder brother. PW-4 Sasidharan is the husband of PW-3 and elder brother of the accused who was declared hostile. PW-5 Rathesh Kumar was also declared hostile. PW-6 Bahulayan is the father of the accused.;